Final Report of the Polillo Butaan Project (1999-‐2010) 2009/2010
Final Report of the Polillo Butaan Project - Mampam Conservation
Final Report of the Polillo Butaan Project - Mampam Conservation
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<strong>Final</strong> <strong>Report</strong> <strong>of</strong> <strong>the</strong> <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong> (<strong>1999</strong>-<strong>‐<strong>2010</strong></strong>) <br />
<strong>2009</strong>/<strong>2010</strong> <br />
Daniel Bennett, January 2011
The <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong> was an 11 year investigation into <strong>the</strong> population <strong>of</strong> <strong>the</strong> <br />
frugivorous monitor lizards known as butaan (Varanus olivaceus) in a 2km 2 area <br />
<strong>of</strong> unlogged dipterocarp forest and surrounding secondary forests at an altitude <br />
almost entirely below 100masl on <strong>Polillo</strong> Island in <strong>the</strong> Philippines. The project <br />
utilised methods that caused minimal disturbance to <strong>the</strong> animals; principally <strong>the</strong> <br />
mapping <strong>of</strong> lizard dung and <strong>the</strong> use <strong>of</strong> camera traps and camouflaged hides. <br />
When <strong>the</strong> project came to an end in <strong>2010</strong> a total <strong>of</strong> almost 2000 butaan feces and <br />
over 1300 images <strong>of</strong> wild butaan had been recorded in <strong>the</strong> study area, and short <br />
investigations had been conducted in four o<strong>the</strong>r areas <strong>of</strong> <strong>the</strong> Philippines. The <br />
material generated data which allowed detailed investigations into a number <strong>of</strong> <br />
key aspects <strong>of</strong> <strong>the</strong> animals’ feeding biology and population structure on <strong>Polillo</strong>, <br />
and demonstrated empirically <strong>the</strong> animals’ role as a principle disperser <strong>of</strong> <br />
Pandanus and Canarium seeds. Although hunting <strong>of</strong> <strong>the</strong> animals in <strong>the</strong> area had <br />
almost entirely been eliminated by 2005, slash and burn farming destroyed at <br />
least 20% <strong>of</strong> <strong>the</strong> available habitat between <strong>1999</strong> and <strong>2010</strong>. No corresponding <br />
drop in butaan numbers was recorded, and most butaan survived habitat <br />
destruction and moved to adjacent areas. Between 2004 and <strong>2009</strong> individual <br />
butaan were recorded in <strong>the</strong> area, including five large males, with weights <strong>of</strong> 8 <br />
to >10kg. Away from <strong>Polillo</strong> we collected anecdotal evidence that strongly <br />
suggests that frugivorous monitors are almost or already extinct on Alabat <br />
Island, Quezon Province, and found evidence <strong>of</strong> new populations <strong>of</strong> frugivorous <br />
monitors in <strong>the</strong> north and west <strong>of</strong> Luzon. One <strong>of</strong> <strong>the</strong>se populations has been <br />
described as a new species (Varanus bitatawa). The circumstances surrounding <br />
<strong>the</strong> collection <strong>of</strong> a butaan from <strong>Polillo</strong> Island in <strong>2009</strong> that was used in <strong>the</strong> <br />
description <strong>of</strong> <strong>the</strong> new species resulted in my decision to very sadly terminate <br />
this project. <br />
Image <strong>of</strong> sou<strong>the</strong>rn <strong>Polillo</strong> from Google Earth. The Sibulan Watershed Reserve is clearly visible in <br />
dark green NNE <strong>of</strong> <strong>Polillo</strong> Town.
Field Work on <strong>Polillo</strong> <br />
Field work from Jan to June <strong>2009</strong> was hampered by continuous rain and <br />
consequent low rates <strong>of</strong> dung recovery, so a study <strong>of</strong> <strong>the</strong> movement patterns <strong>of</strong> <br />
<strong>the</strong> snail Helicostyla portei was instigated using spool and line techniques. The <br />
snail is <strong>the</strong> principle animal prey <strong>of</strong> butaan in <strong>the</strong> area. Fieldwork in <strong>2010</strong> was <br />
restricted to surveys <strong>of</strong> newly destroyed habitat and surveys around key <br />
resource trees. <br />
Team Members on <strong>Polillo</strong> Island, <strong>2009</strong>-<strong>‐<strong>2010</strong></strong> <br />
Training <br />
Students and staff from various universities in <strong>the</strong> Philippines visited <strong>the</strong> project <br />
between <strong>2009</strong> and <strong>2010</strong>, toge<strong>the</strong>r with visitors from universities in Germany and <br />
Ireland. The results <strong>of</strong> our study <strong>of</strong> snail movements was presented by <br />
Jeszianlenn Plaza <strong>of</strong> Fr Saturinos University, Butuan City, at <strong>the</strong> <strong>2010</strong> WCSP <br />
meeting in Legaspi City. Daniel Bennett gave informal lectures about <strong>the</strong> butaan <br />
to students at Fr Saturinos University, Butuan, Miriam College, Manila and <br />
University <strong>of</strong> <strong>the</strong> Philippines Los Banos. <br />
<strong>Project</strong> members on <strong>Polillo</strong>, west coast <strong>of</strong> Luzon and at WCSP, <strong>2010</strong> <br />
Surveys outside <strong>Polillo</strong> <br />
Field surveys were conducted at Palanan, Isabela and withheld locations in <br />
western Luzon. Primary evidence <strong>of</strong> frugivorous monitor lizards were found at <br />
all sites. The locations in western Luzon represent <strong>the</strong> first records <strong>of</strong> V. <br />
olivaceus on <strong>the</strong> west coast. <br />
With <strong>the</strong> Born in <strong>the</strong> Wild GMA7 TV team, Palanan, Isabela.
Varanus olivaceus, undisclosed site near SW coast <strong>of</strong> Luzon <br />
Outputs <br />
<strong>Final</strong> outputs <strong>of</strong> this project with dates <br />
Online <strong>Polillo</strong> <strong>Butaan</strong> Database: secure access for future bona fide researchers <br />
(<strong>2010</strong>) <br />
Presentation: “Giant frugivorous lizards and Pandanus: seed dispersal and seed <br />
fate in lowland dipterocarp forests <strong>of</strong> <strong>the</strong> Philippine Islands” at <strong>the</strong> 5th <br />
International Symposium-‐Workshop on Frugivores and Seed Dispersal, <br />
Montpellier, France. (<strong>2010</strong>) <br />
Contributions to: Born in <strong>the</strong> Wild: Three part documentary for GMA7 National <br />
TV about Varanus olivaceus and V. bitatawa (<strong>2010</strong>) <br />
Papers and notes on <strong>the</strong> techniques developed by <strong>the</strong> project (in review) <br />
Papers on diet , populations, movement, seed dispersal, habitat (In review/2011) <br />
Tagalog documentary (with English Subtitles) “Pandan Biawak” (to be completed <br />
May 2011) <br />
Monography “The <strong>Butaan</strong> <strong>of</strong> <strong>Polillo</strong> Island” (to be completed 2012) <br />
Conservation Status <strong>of</strong> <strong>Polillo</strong> <strong>Butaan</strong> <br />
Despite our efforts, <strong>the</strong> conservation status <strong>of</strong> butaan in <strong>the</strong> study area is <br />
considerably worse than in <strong>1999</strong>. A single individual, Nana Paz <strong>of</strong> <strong>Polillo</strong> Town, <br />
has been responsible for virtually all forest clearance in <strong>the</strong> area since at least <br />
2005. Some local landowners are aware <strong>of</strong> <strong>the</strong> important butaan resources on
<strong>the</strong>ir land and will preserve <strong>the</strong>m for as long as possible, but all are subject to <br />
great financial hardship and gain little or no material benefits from <strong>the</strong>ir forested <br />
land. <br />
Recent destruction, July <strong>2010</strong> <br />
The Sibulan Watershed Reserve is still almost entirely intact, although very large <br />
numbers <strong>of</strong> epiphytes have been cleared by forest wardens, a practise I have <br />
been pleading against since 2002. The only botanical survey in <strong>the</strong> area that has <br />
included epiphytes found a remarkable number <strong>of</strong> endemic epiphyllous hepatics <br />
(Robinson 1911). These collections were destroyed during <strong>the</strong> Second World <br />
War and I am unaware <strong>of</strong> any subsequent collections from <strong>the</strong> area. <br />
Forest clearance in <strong>the</strong> study area 2003-‐<strong>2009</strong>. <br />
Direct attempts at conservation in <strong>the</strong> area included; reporting forest destruction <br />
on an annual basis, systematic destruction <strong>of</strong> all traps set in forested areas, <br />
raising awareness <strong>of</strong> <strong>the</strong> plight <strong>of</strong> <strong>the</strong> butaan in national and international
media, encouraging local people not to eat butaan, to leave dogs outside <strong>the</strong> <br />
forest and to leave corridors around some key resource trees. <br />
I have not been able to verify reports that <strong>the</strong> Sibulan Watershed Reserve has <br />
been enlarged in recent years to form a Sibulan-‐Pinaglubayan local conservation <br />
area. Nobody in Pinaglubayan that I know was aware <strong>of</strong> <strong>the</strong> changes referred to <br />
in those reports as late as July <strong>2010</strong>. Whe<strong>the</strong>r <strong>the</strong> newly protected area exists or <br />
not, it provides no buffer for <strong>the</strong> highly vulnerable edge <strong>of</strong> <strong>the</strong> primary reserve, <br />
except in an area <strong>of</strong> minor importance to butaan. The critical areas to <strong>the</strong> north <br />
east <strong>of</strong> <strong>the</strong> reserve remain completely unprotected and will doubtless disappear <br />
altoge<strong>the</strong>r without intervention. <br />
Recommendations <br />
There is an urgent and vital need for a protected buffer zone that <br />
circumnavigates <strong>the</strong> Sibulan watershed reserve and includes all remaining <br />
forests to <strong>the</strong> east and north. <br />
A few female Canarium and Pandanus trees are key resources for <strong>the</strong> entire <br />
butaan population in <strong>the</strong> area and should be afforded absolute protection and <br />
corridors maintained to connect increasingly common fragmented resources <br />
Outside <strong>Polillo</strong> surveys are for “pandan bayawak” are urgently required in <br />
surviving lowland forests <strong>of</strong> all smaller islands <strong>of</strong> <strong>the</strong> Visayas, Mindanao and <br />
Luzon groups, and well as suitable habitat throughout Luzon and Panay islands. <br />
The rapid survey techniques developed by <strong>the</strong> <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong> will work <br />
wherever frugivorous monitor lizards occur. However <strong>the</strong>y can also be used to <br />
<strong>the</strong> detriment <strong>of</strong> <strong>the</strong> animals and for this reason have not been widely publicised <br />
and taught only to bona fide students and researchers. <br />
Circumstances surrounding <strong>the</strong> collection <strong>of</strong> KU 322187 <br />
On 17 th March <strong>2010</strong> I became aware that a very large butaan had been collected <br />
from <strong>Polillo</strong> Island on 6 th July <strong>2009</strong> by Luke Welton, a student at Kansas <br />
University. I was originally told by Welton’s supervisor Rafe Brown that <strong>the</strong> <br />
animal had been killed by dogs in an unknown area <strong>of</strong> <strong>Polillo</strong>. Pictures <strong>of</strong> this <br />
animal in <strong>the</strong> description <strong>of</strong> Varanus bitatwa showed no sign <strong>of</strong> injuries <br />
consistent with this explanation, and indicated that <strong>the</strong> animal was alive when <br />
first photographed. <br />
I suspected that Luke Welton had made an unscheduled visit to <strong>the</strong> <strong>Polillo</strong> <br />
<strong>Butaan</strong> <strong>Project</strong> study area with <strong>the</strong> intent to collect a specimen <strong>of</strong> butaan vital for <br />
comparison with a specimen he had collected a week previously in Aurora <br />
Province and intended to describe as a new species. My request to <strong>Polillo</strong> Islands <br />
Biodiversity Conservation Foundation Inc to investigate <strong>the</strong> matter was refused, <br />
and I was told that it was my responsibility to ask local people what had <br />
happened. The refusal <strong>of</strong> <strong>Polillo</strong> Islands Biodiversity Conservation Foundation <br />
Inc. to make any investigation into <strong>the</strong> undisputed killing and export <strong>of</strong> one <strong>of</strong> <strong>the</strong>
largest butaan left on <strong>Polillo</strong> Island severely undermined <strong>the</strong> <strong>Polillo</strong> <strong>Butaan</strong> <br />
<strong>Project</strong>’s claim to have a strong conservation component. Without that <br />
confidence I was unable to continue. <br />
Figure from <strong>the</strong> description <strong>of</strong> Varanus bitatawa showing <strong>the</strong> specimen <strong>of</strong> V. olivaceus collected <br />
on <strong>Polillo</strong> Island, 6 th July <strong>2009</strong>. <br />
I was not able to visit <strong>Polillo</strong> until July <strong>2010</strong>, at which time I experienced initial <br />
hostility from people who had “considered me a son” since <strong>1999</strong>. My team <br />
members had been informed that I was intending to have a local man who had <br />
been fundamental to my project since its inception sent to prison for killing a <br />
butaan. This information had been received by text to <strong>Polillo</strong> Island before <br />
Easter. Although <strong>the</strong>y claimed no knowledge <strong>of</strong> Luke Welton, he had arrived at <br />
<strong>the</strong> <strong>Butaan</strong> <strong>Project</strong> Headquarters on 5 th July <strong>2009</strong> and left on 6 th July <strong>2009</strong>, <br />
signing <strong>the</strong> guestbook and stating his purpose was “butaan and sailfin lizards” <br />
(page 14, Appendix III). I was unwilling to press my project staff fur<strong>the</strong>r about <br />
this matter because <strong>the</strong> project was almost over and I love <strong>the</strong>m very much. <br />
I made complaints to US Fish and Wildlife Service, asking <strong>the</strong>m to autopsy <strong>the</strong> <br />
animal to determine <strong>the</strong> cause <strong>of</strong> death (Appendix IIa), and to Kansas University <br />
(Appendix IIb) and <strong>the</strong> Department <strong>of</strong> Environment and Natural Resources, <br />
Philippines. There was no response from DENR and acknowledgement from <br />
FWS. Kansas University conducted an internal investigation that concluded “The <br />
absence <strong>of</strong> teeth marks or external wounds does not rule out that <strong>the</strong> animal’s <br />
death might not have been from exhaustion and/or internal injuries as a result <strong>of</strong> <br />
having been chased and harassed by dogs. I can only assume that KU researchers <br />
acted in good faith and dispatched an animal that was not healthy and potentially <br />
suffering from some fatal condition”. The investigation stated that KU322187 had <br />
been returned to <strong>the</strong> Philippines because it was a National Museum specimen <br />
(PNM9726) on temporary loan to Kansas. The PNM number was not mentioned <br />
in Welton et al. <strong>2010</strong>, nor on <strong>the</strong> online catalogue <strong>of</strong> Kansas University (page 8 <strong>of</strong> <br />
Appendix 3).
Summary <br />
Frugivorous monitors are an evolutionary novelty, unique to <strong>the</strong> lowland <br />
dipterocarp forests <strong>of</strong> <strong>the</strong> Philippines. The ability <strong>of</strong> <strong>the</strong>se huge lizards to evade <br />
generations <strong>of</strong> scientists is evident; It is quite possible, for example, that a <br />
species occurred on Cebu Island until <strong>the</strong> very recent past, but quite certain that <br />
one cannot exist <strong>the</strong>re today. Finding surviving unknown populations and <br />
preserving corridors between <strong>the</strong>ir resource patches are essential to prevent <br />
<strong>the</strong>m dying out entirely undocumented. There cannot be many animals <strong>of</strong> a <br />
comparable size faced with a similar plight anywhere in <strong>the</strong> world. <br />
Thanks <br />
To all sponsors, supporters and team members <strong>of</strong> <strong>the</strong> project, for 11 years well <br />
spent. <br />
Literature Cited <br />
Robinson, C.B. 1911. Botanical notes upon <strong>the</strong> island <strong>of</strong> <strong>Polillo</strong>. Philippine Journal <br />
<strong>of</strong> Science, C. Botany 6(3): 185-‐228. <br />
Welton, L. J., C.D. Siler, D. Bennett, A. Diesmos, M. R. Duya, R. Dugay, E.L.B. Rico, <br />
M. Van Weerd, and R. F. Brown. <strong>2010</strong>. A spectacular new Philippine monitor <br />
lizard reveals a hidden biogeographic boundary and a novel flagship species for <br />
conservation. Biology Letters <strong>2010</strong> 6:654-‐658. <br />
Appendix I: Announcement <strong>of</strong> <strong>the</strong> end <strong>of</strong> <strong>the</strong> project <br />
Appendix II: Complaint to US Fish and Wildlife and Kansas University <br />
Appendix III: Kansas University Investigation
Appendix 1: Announcement <strong>of</strong> End <strong>of</strong> <strong>Project</strong> <br />
Sent: Sunday, March 21, <strong>2010</strong> 9:43 PM <br />
Subject: <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong> <strong>1999</strong>-<strong>‐<strong>2010</strong></strong> <br />
To: The Conservation Biologists <strong>of</strong> <strong>the</strong> Philippines <br />
Dear Colleagues, <br />
After 11 "fruitful" years, I am sad to announce that <strong>2010</strong> will be <strong>the</strong> <br />
final season <strong>of</strong> <strong>the</strong> <strong>Polillo</strong> <strong>Butaan</strong> <strong>Project</strong>. I am very grateful to <br />
everybody who has ever been involved, and consider myself fortunate to <br />
have made so many good friends as a result. Personally and <br />
pr<strong>of</strong>essionally, this project has been one <strong>of</strong> <strong>the</strong> best things that ever <br />
happened to me. <br />
In practical terms, this means that this year will be <strong>the</strong> final chance <br />
for ecologists to visit and learn about <strong>the</strong> completely non-‐intrusive <br />
and non-‐destructive methods we have developed for <strong>the</strong> study <strong>of</strong> <br />
frugivorous monitor lizards. For those <strong>of</strong> you not acquainted with <strong>the</strong> <br />
project; we have been monitoring a tiny population <strong>of</strong> Varanus <br />
olivaceus in and around <strong>the</strong> Sibulan Watershed Reserve since <strong>1999</strong>, and <br />
I think it's fair to say that no lizard population has ever attracted <br />
so much attention from humans, and suffered so little disturbance as <br />
result! <br />
I am very keen that as many field workers as possible become <br />
acquainted with our methods, which are, for <strong>the</strong> most part, very simple <br />
and inexpensive. In <strong>the</strong> past we have been lucky enough to receive many <br />
visitors with an interest in <strong>the</strong> conservation <strong>of</strong> <strong>the</strong>se completely <br />
unique creatures, and I hope than anybody with <strong>the</strong> interest who has <br />
not visited will make <strong>the</strong> time to do so quickly. Please contact me at <br />
mampam@gmail.com <br />
It's been a huge privilege for me to have worked in this beautiful <br />
place, with so many wonderful people. I've never met a harder core <strong>of</strong> <br />
people with such selfless dedication to conservation, nor a group with <br />
such formidable obstacles to overcome. <br />
Daniel
Formal complaint about alteration <strong>of</strong> data: KU322187 from Daniel <br />
Bennett/Mampam Conservation <br />
to <br />
cc <br />
chancellor@ku.edu <br />
krishtalka@ku.edu, <br />
asawyer@ku.edu, <br />
gsimpson@ku.edu <br />
date <br />
13 May <strong>2010</strong> 09:24 <br />
subject <br />
Formal complaint about alteration <strong>of</strong> data: KU322187 <br />
I wish to make a formal complaint about <strong>the</strong> alteration <strong>of</strong> data in <strong>the</strong> Kansas <br />
University Natural History Museum database concerning a specimen <strong>of</strong> Varanus <br />
olivaceus, labelled KU 322187, collected by Luke Welton, a student at Kansas <br />
University, on <strong>Polillo</strong> Island, Philippines, on 6th July <strong>2009</strong>. Specifically, I allege <br />
that data was changed and falsified on <strong>the</strong> database in order to allay suspicions <br />
that this specimen had been collected illegally (point 6 and supporting material <br />
1&5 in <strong>the</strong> attached document, which has been submitted to US Fish & Wildlife <br />
and <strong>the</strong> relevant authorities in <strong>the</strong> Philippines). <br />
I request that Kansas University investigate this complaint and gain access to <strong>the</strong> <br />
relevant field notes in order to determine if data associated with this specimen <br />
has been fabricated. <br />
Daniel Bennett
Allegations about <strong>the</strong> illegal collection <strong>of</strong> a specimen <strong>of</strong> Varanus olivaceus from <strong>Polillo</strong><br />
Island. – Daniel Bennett (mampam@gmail.com), 2 nd April <strong>2010</strong><br />
I allege that a specimen <strong>of</strong> Varanus olivaceus in <strong>the</strong> Kansas University Natural History<br />
Museum, specimen number KU 322187, was collected illegally, and request that <strong>the</strong> animal<br />
be examined by <strong>the</strong> U.S. Fish & Wildlife Service Forensics Laboratory in order to determine<br />
its cause <strong>of</strong> death and establish <strong>the</strong> circumstances surrounding its collection. If my statement<br />
is considered insufficient grounds for investigation I request that U.S. Fish & Wildlife Service<br />
withhold CITES permits allowing re-exportation <strong>of</strong> this specimen from <strong>the</strong> USA until <strong>the</strong><br />
relevant authorities in <strong>the</strong> Philippines have considered my complaint and decided whe<strong>the</strong>r a<br />
formal request to U.S. Fish & Wildlife Service to conduct a forensic examination <strong>of</strong> this<br />
specimen is warranted.<br />
In making this very serious allegation I <strong>of</strong>fer <strong>the</strong> following circumstantial evidence.<br />
1. Varanus olivaceus is a completely protected species in <strong>the</strong> Philippines; it is listed as VU by<br />
IUCN and is on CITES Appendix 2.<br />
2. On 29 June <strong>2009</strong> Luke Welton, a student at <strong>the</strong> University <strong>of</strong> Kansas under <strong>the</strong> supervision<br />
<strong>of</strong> Dr Rafe Brown, and o<strong>the</strong>rs collected a Varanus lizard in Aurora province, Philippines.<br />
This animal is catalogued as PNM 9719 in <strong>the</strong> Philippine National Museum herpetological<br />
collection. On 6 July <strong>2009</strong> Luke Welton and o<strong>the</strong>rs collected a specimen <strong>of</strong> Varanus<br />
olivaceus from <strong>Polillo</strong> Island, Quezon province, Philippines. This animal is KU 322187 in <strong>the</strong><br />
Kansas University Museum herpetological collection. [1]<br />
3. When I learned that a specimen <strong>of</strong> Varanus olivaceus had been collected from <strong>Polillo</strong><br />
Island, I immediately contacted Dr Rafe Brown and was informed:<br />
a. That he had been unaware <strong>of</strong> Luke Welton’s visit to <strong>Polillo</strong> in July <strong>2009</strong> at <strong>the</strong> time,<br />
and that <strong>the</strong> visit had not been scheduled.<br />
b. That he had been informed by Luke Welton that <strong>the</strong> specimen taken had been found<br />
dead, having been killed by a dog, and that under <strong>the</strong>se circumstances its collection<br />
had been legal.<br />
c. That Luke Welton did not need a specimen <strong>of</strong> Varanus olivaceus for his research [2].<br />
However my enquiries suggest that nei<strong>the</strong>r local NGOs nor DENR on <strong>Polillo</strong> were aware <strong>of</strong><br />
Luke Welton’s visit, or that he had collected a specimen <strong>of</strong> Varanus olivaceus from <strong>the</strong><br />
island.<br />
4. A paper published in Biology Letters contains a detailed description <strong>of</strong> <strong>the</strong> morphology <strong>of</strong><br />
both KU 322187 and PNM 9719, and names <strong>the</strong> latter as a new species <strong>of</strong> Varanus lizard.<br />
The paper includes two pictures <strong>of</strong> <strong>the</strong> specimen KU 322187. The picture <strong>of</strong> <strong>the</strong> lateral view<br />
<strong>of</strong> <strong>the</strong> head strongly suggests that <strong>the</strong> animal was alive at <strong>the</strong> time <strong>the</strong> photograph was taken.<br />
The dorsal view shows no signs <strong>of</strong> injuries. The citation for <strong>the</strong> paper is: Luke J. Welton,<br />
Cameron D. Siler, Daniel Bennett, Arvin Diesmos, M. Roy Duya, Roldan Dugay, Edmund<br />
Leo B. Rico, Merlijn Van Weerd, and Rafe M. Brown. A spectacular new Philippine monitor<br />
lizard reveals a hidden biogeographic boundary and a novel flagship species for<br />
conservationBiol. Lett. published online before print April 7, <strong>2010</strong>,<br />
doi:10.1098/rsbl.<strong>2010</strong>.0119 [3]<br />
5. On 19 th March <strong>2010</strong> I became aware <strong>of</strong> <strong>the</strong> pictures <strong>of</strong> KU 322187, and I asked Dr Rafe<br />
Brown for clarification <strong>of</strong> his earlier statement that <strong>the</strong> animal had been killed by dogs. His<br />
reply contradicted his earlier statement. [4]
6. On 21 st March <strong>2010</strong> I noticed that <strong>the</strong> Kansas Museum Catalogue entry from KU 322187<br />
had been changed; <strong>the</strong> locality name had been altered, and <strong>the</strong> collectors’ names and county<br />
<strong>of</strong> collection had been removed. This change was made between <strong>the</strong> 18 th and 21 st <strong>of</strong> March<br />
<strong>2010</strong>. [5]<br />
7. If KU 322187 was not collected in accordance with <strong>the</strong> laws <strong>of</strong> <strong>the</strong> Philippines and <strong>the</strong><br />
collection permits issued to Rafe Brown by PAWB, <strong>the</strong>n <strong>the</strong> CITES permits under which it<br />
was exported from <strong>the</strong> Philippines and imported into <strong>the</strong> USA were obtained by deception.<br />
I allege that Luke Welton required an adult male Varanus olivaceus with everted hemipenes<br />
in order to describe PNM 9719 as a new species, and that he made <strong>the</strong> decision to collect a<br />
specimen for comparison as quickly as possible and by any means necessary. I allege that KU<br />
322187 was collected in or around Sibulan Watershed Reserve on <strong>Polillo</strong> Island on Welton’s<br />
instructions, that he went to that area knowing that local field workers were engaged in an<br />
non-intrusive study <strong>of</strong> <strong>the</strong> species and would consequently know where to find an adult male<br />
very quickly, and that he killed <strong>the</strong> animal for <strong>the</strong> express purpose <strong>of</strong> having a comparative<br />
specimen that would allow him to describe PNM 9719 as a new species. In order to comply<br />
with <strong>the</strong> permits issued to his supervisor, he fabricated <strong>the</strong> story that KU 322187 had been<br />
killed by dogs, and in order to deflect criticism that he had collected an animal which was part<br />
<strong>of</strong> a long-term ecological study, he fabricated <strong>the</strong> collection locality. Subsequently his<br />
supervisor Rafe Brown assisted in <strong>the</strong>se fabrications by altering museum records and making<br />
false statements designed to discourage fur<strong>the</strong>r investigations about <strong>the</strong> origin <strong>of</strong> <strong>the</strong> specimen<br />
and <strong>the</strong> circumstances under which it was killed.<br />
I fur<strong>the</strong>r allege that forensic examination <strong>of</strong> KU 322187 will confirm that <strong>the</strong> animal shows<br />
no signs <strong>of</strong> injuries associated with a fatal dog attack, and that examination <strong>of</strong> stomach<br />
contents and/or DNA analysis will indicate that <strong>the</strong> animal comes from habitat in or around<br />
Sibulan Watershed Reserve.<br />
Supporting Material<br />
[1] – Catalogue entry for PMN9719 at Kansas University Natural History Museum:<br />
http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=320000.0&column=0&styl<br />
eDir=style and [5] below.<br />
[2] Exerts from emails: Rafe Brown to Daniel Bennett, Nov/Dec<strong>2009</strong> - full transcript <strong>of</strong> all<br />
emails given as [Appendix 1]<br />
from<br />
to<br />
cc<br />
XXXXX@ku.edu<br />
date 30 November <strong>2009</strong> 18:22<br />
Rafe Brown <br />
Daniel Bennett/Mampam Conservation <br />
ambanjfurcifer@yahoo.com,<br />
subject varanus collab<br />
mailed-by ku.edu<br />
For <strong>the</strong> record and in writing here: we did not have definitive knowledge <strong>of</strong> <strong>the</strong> Sierra<br />
Madre thing, genetic data, or any plans to work on this until we caught a large adult<br />
male this July and only <strong>the</strong>n did Luke (acting on his own volition after I had left <strong>the</strong><br />
country) shift into high gear and track down all <strong>the</strong> necessary information and genetic<br />
material (from peninsular olivaceus, etc) that are needed to describe <strong>the</strong> animal.
from Rafe Brown <br />
to mampam@mampam.com<br />
cc XXXXX@gmail.com<br />
date 8 December <strong>2009</strong> 12:29<br />
subject Roldan's specimen?<br />
I can't remember <strong>the</strong> name <strong>of</strong> <strong>the</strong> locality (I'll ask Luke) but I know it was an animal<br />
killed by dogs on <strong>the</strong> opposite side <strong>of</strong> <strong>the</strong> island from your study area, outside <strong>of</strong> any<br />
protected area. My understanding is that it was salvaged by Luke because it was<br />
already dead<br />
from Rafe Brown <br />
to mampam@mampam.com<br />
date 8 December <strong>2009</strong> 23:11<br />
Keep in mind <strong>the</strong> facts: Luke wanted to look at molecular divergence and he already<br />
had a samples from an animal that my students salvaged from a hunter on Caramoan<br />
in 2006. Luke knew this and he was not desperate to get an olivaceus sample. Even<br />
if he had been desperate and keen to obtain a sample (as you seem to suspect), his<br />
approach is to collect non-destructuve genetic samples (<strong>the</strong>se are <strong>the</strong> bulk <strong>of</strong> <strong>the</strong><br />
genetic samples that are going into his graduate work) and skin snips <strong>of</strong> animals he<br />
releases. He does not have any need to have done what you suggest.<br />
[3] – Part <strong>of</strong> Figure 2 from <strong>the</strong> manuscript.<br />
[4] Extract from email: Rafe Brown to Daniel Bennett<br />
from Rafe Brown <br />
to mampam@mampam.com<br />
cc XXXX@gmail.com,<br />
XXXXXX@yahoo.com,<br />
ambanjfurcifer@yahoo.com<br />
date 18 March <strong>2010</strong> 02:41<br />
subject Varanus olivaceus on <strong>Polillo</strong>
With regard to <strong>the</strong> <strong>Polillo</strong> specimen in question: I am sorry but many <strong>of</strong> <strong>the</strong> details are<br />
simply not available. We are not sure exactly where <strong>the</strong> animal was from nor how<br />
long it had been in <strong>the</strong> possession <strong>of</strong> <strong>the</strong> residents. We were told that dogs had ei<strong>the</strong>r<br />
caught it or chased it into a coastal agricultural area to <strong>the</strong> north, ei<strong>the</strong>r on <strong>the</strong> east<br />
side <strong>of</strong> <strong>the</strong> island or NE <strong>of</strong> <strong>Polillo</strong> (Burdeos?). I agree with you that <strong>the</strong> specimen<br />
does not show evidence <strong>of</strong> bite marks
[5] Catalogue entry for KU322187 at Kansas University Natural History Museum downloaded 16 th March <strong>2010</strong> from<br />
http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=322187.0&column=0&styleDir=style<br />
Catalogue entry for KU322187 at Kansas University Natural History Museum downloaded 21 st March <strong>2010</strong> from<br />
http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=322187.0&column=0&styleDir=style
Appendix III: <br />
The Inquiry Process <strong>of</strong> <strong>the</strong> Kansas University is reproduced in entirety on <strong>the</strong> <br />
pages below. My only comment is that only one <strong>of</strong> <strong>the</strong> large adult male butaan in <br />
my study area was marked with tail notches. The o<strong>the</strong>rs were only known from <br />
camera trap pictures. <br />
Daniel Bennett, January 2011.
To: Steve Warren and Bill Sharp<br />
From: Dr. Donald G Huggins, Kansas Biological Survey (dhuggins@ku.edu)<br />
Re: Allegations about <strong>the</strong> illegal collection <strong>of</strong> a specimen <strong>of</strong> Varanus olivaceus from<br />
<strong>Polillo</strong> Island (Philippines) made by Daniel Bennett (mampam@gmail.com) on or<br />
about April 2, <strong>2010</strong>.<br />
Dear Dr. Warren,<br />
At your request I undertook <strong>the</strong> Inquiry Process <strong>of</strong> <strong>the</strong> University <strong>of</strong> Kansas regarding<br />
possible academic misconduct involving <strong>the</strong> collection <strong>of</strong> a specimen <strong>of</strong> Varanus<br />
olivaceus (specimen number KU 3222187) from <strong>the</strong> Republic <strong>of</strong> <strong>the</strong> Philippines. This<br />
accusation was made by Mr. Daniel Bennett <strong>of</strong> Mampam Conservation and basically<br />
accuses KU scientists <strong>of</strong> illegally collecting a specimen <strong>of</strong> a rare Philippine monitor<br />
lizard.<br />
Mr. Bennett states, “I allege that a specimen <strong>of</strong> Varanus olivaceus in <strong>the</strong> Kansas<br />
University Natural History Museum, specimen number KU 322187, was collected<br />
illegally, and request that <strong>the</strong> animal be examined by <strong>the</strong> U.S. Fish & Wildlife Service<br />
Forensics Laboratory in order to determine its cause <strong>of</strong> death and establish <strong>the</strong><br />
circumstances surrounding its collection. If my statement is considered insufficient<br />
grounds for investigation I request that U.S. Fish & Wildlife Service withhold CITES<br />
permits allowing re-exportation <strong>of</strong> this specimen from <strong>the</strong> USA until <strong>the</strong> relevant<br />
authorities in <strong>the</strong> Philippines have considered my complaint and decided whe<strong>the</strong>r a<br />
formal request to U.S. Fish & Wildlife Service to conduct a forensic examination <strong>of</strong><br />
this specimen is warranted.”<br />
I first reviewed <strong>the</strong> information and material at hand including copies <strong>of</strong> <strong>the</strong> required<br />
permits, interviews with appropriate Kansas University Natural History Museum<br />
personnel and photos <strong>of</strong> <strong>the</strong> specimen. I concluded that <strong>the</strong>se allegations have no<br />
basis in fact and cannot be substantiated by any <strong>of</strong> <strong>the</strong> information I had seen or<br />
heard. The specimen <strong>of</strong> Varanus olivaceus KU 322187 (aka PNM 9726) was<br />
acquired and exported legally under <strong>the</strong> permits (collecting, export, CITES) granted<br />
to <strong>the</strong> Biodiversity Institute by <strong>the</strong> Philippine government. These permits allow for<br />
<strong>the</strong> taking <strong>of</strong> salvage specimens which is what KU 322187 is listed as.<br />
I <strong>the</strong>n sent my findings to both Dr. Rafe Brown and Mr. Daniel Bennett for <strong>the</strong>ir<br />
comments (email sent Thu 6/3/<strong>2010</strong> 2:27 PM). Both have responded to my initial<br />
findings by added new comments or information for my consideration. In this final<br />
evaluation <strong>of</strong> Mr. Bennett’s allegations I have added new information and my<br />
interpretations <strong>of</strong> <strong>the</strong> new comments made by both Dr. Brown and Mr. Bennett in<br />
response to my email <strong>of</strong> 6/3/<strong>2010</strong>. My opinion remains <strong>the</strong> same that KU researchers<br />
did nothing wrong and acted within <strong>the</strong> collecting constraints and conditions set forth<br />
in both <strong>the</strong>ir Philippine and US permits.<br />
In <strong>the</strong> following account I have broken Mr. Bennett’s allegations and statements<br />
down to individual points followed by <strong>the</strong> information I have at hand or my opinion<br />
based on all <strong>the</strong> information I have acquired during my inquires <strong>of</strong> Mr. Bennett’s<br />
allegations.<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 1
A. Mr. Bennett - Varanus olivaceus is a completely protected species in <strong>the</strong><br />
Philippines; it is listed as VU by IUCN and is on CITES (included in Mr.<br />
Bennett’s Appendix 2).<br />
KU Biodiversity Institute has a Protected Areas and Wildlife Bureau collecting permit<br />
#185, a CITES-2 collecting permit #13207A-<strong>2009</strong> and a CITES-2 export permit<br />
#13394A-<strong>2009</strong>, all issued by <strong>the</strong> Republic <strong>of</strong> <strong>the</strong> Philippines, Department <strong>of</strong> <strong>the</strong><br />
Environment and Natural Resources, under which PNM 9726 (aka KU 322187) was<br />
acquired and exported, and was subsequently imported on 8/13/<strong>2009</strong> under<br />
USF&WS permit #<strong>2009</strong>457415.<br />
B. Mr. Bennett - On 29 June <strong>2009</strong> Luke Welton, a student at <strong>the</strong> University <strong>of</strong><br />
Kansas under <strong>the</strong> supervision <strong>of</strong> Dr Rafe Brown, and o<strong>the</strong>rs collected a<br />
Varanus lizard in Aurora province, Philippines. This animal is catalogued as<br />
PNM 9719 in <strong>the</strong> Philippine National Museum herpetological collection. On<br />
6 July <strong>2009</strong> Luke Welton and o<strong>the</strong>rs collected a specimen <strong>of</strong> Varanus<br />
olivaceus from <strong>Polillo</strong> Island, Quezon province, Philippines. This animal is<br />
KU 322187 in <strong>the</strong> Kansas University Museum herpetological collection. [1].<br />
According to KU members <strong>of</strong> this expedition, <strong>the</strong> account for <strong>the</strong> specimen <strong>of</strong><br />
Varanus olivaceus, KU 322187 from <strong>Polillo</strong> Island is incorrect. Mr. Welton did not<br />
“collect” <strong>the</strong> animal from <strong>the</strong> wild. Ra<strong>the</strong>r, on July 6, <strong>2009</strong>, he and o<strong>the</strong>r members <strong>of</strong><br />
<strong>the</strong> Philippine field party, who were taking a 5-day vacation on <strong>Polillo</strong> Island, <strong>Polillo</strong><br />
Town (home <strong>of</strong> <strong>the</strong> Philippine field assistants), were having a cookout on <strong>the</strong> beach.<br />
Welton was informed by a son <strong>of</strong> one <strong>of</strong> <strong>the</strong> field assistants that a resident <strong>of</strong> <strong>the</strong><br />
village had a monitor lizard (Varanus) that apparently had been attacked and/or<br />
chased and harassed by a dog(s) from its natural forest habitat into <strong>the</strong> coastal<br />
agricultural lowlands. When Welton arrived at <strong>the</strong> residence, he found <strong>the</strong> monitor<br />
lizard unresponsive and close to death, whereupon he euthanized it and took two<br />
tissue samples. As such, <strong>the</strong> exact point <strong>of</strong> origin <strong>of</strong> this individual is unknown. This<br />
specimen was collected as a salvage specimen from <strong>the</strong> vicinity <strong>of</strong> <strong>Polillo</strong> Town. Dr.<br />
Brown has indicated that <strong>the</strong> salvaged specimen is not part <strong>of</strong> <strong>the</strong> KU collection as<br />
indicated by Mr. Bennett. The salvaged specimen was donated to <strong>the</strong> National<br />
Museum <strong>of</strong> <strong>the</strong> Philippines and was cataloged <strong>the</strong>re under <strong>the</strong> catalog number PNM<br />
9726. Four month later, after being registered at PNM, it was brought to <strong>the</strong> United<br />
States on a short term research loan under permits issued by <strong>the</strong> National Museum,<br />
DENR, US Fish and Wildlife, and CITES. The monitor lizard in question is registered<br />
under KU catalog number 322188 only for <strong>the</strong> purpose <strong>of</strong> making associated data<br />
accessible to <strong>the</strong> research community through <strong>the</strong> distributed data base HerpNet via<br />
KU's Specify portal. The specimen is now back in <strong>the</strong> National Museum <strong>of</strong> <strong>the</strong><br />
Philippines and available for inspection and study by anyone authorized by PNM<br />
(Philippines National Museum).<br />
Mr. Bennett later added that Luke Welton signed <strong>the</strong> guestbook (attached)<br />
at <strong>the</strong> house <strong>of</strong> Augusto Zafe in Pinaglubayan, <strong>Polillo</strong>, dated June 5/6<br />
stating that <strong>the</strong> purpose <strong>of</strong> his visit was “research butaan” [<strong>the</strong> local name<br />
for Varanus olivaceus] and "layagan" [<strong>the</strong> local name for Hydrosaurus].<br />
This house has been <strong>the</strong> base <strong>of</strong> <strong>the</strong> <strong>Polillo</strong> butaan project since <strong>1999</strong>, is on<br />
<strong>the</strong> edge <strong>of</strong> Sibulan watershed reserve and at least four hours walk from <strong>the</strong><br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 2
coast. Thus it is clear that his visit to <strong>Polillo</strong> was not simply a vacation as<br />
KU researchers had indicated.<br />
The fact that Mr. Welton signed <strong>the</strong> guest book in Pinaglubayan (<strong>the</strong> acknowledged<br />
base area for “bataan” research) as he did only acknowledges that he and o<strong>the</strong>rs<br />
were in <strong>the</strong> region (e.g. Philippines) to do research on monitor lizards, and does not<br />
imply that <strong>the</strong>y were specifically in <strong>Polillo</strong> to do research. The fact remains that <strong>the</strong><br />
specimen <strong>of</strong> V. olivaceus was salvaged in <strong>Polillo</strong> Town which is not a likely place to<br />
go to collect a specimen <strong>of</strong> this species. Had this been a purposeful attempt to<br />
collect V. olivaceus Mr. Welton and o<strong>the</strong>rs would have been better served to stay in<br />
or near Pinaglubayan and <strong>the</strong> Sibulan watershed reserve to hunt for this species and<br />
not spend 5 days in <strong>the</strong> coastal town <strong>of</strong> <strong>Polillo</strong> some 3 kilometres from <strong>the</strong> reserve.<br />
C. Mr. Bennett - When I learned that a specimen <strong>of</strong> Varanus olivaceus had<br />
been collected from <strong>Polillo</strong> Island, I immediately contacted Dr Rafe Brown<br />
and was informed:<br />
a) That he had been unaware <strong>of</strong> Luke Welton’s visit to <strong>Polillo</strong> in July <strong>2009</strong><br />
at <strong>the</strong> time, and that <strong>the</strong> visit had not been scheduled.<br />
Dr. Brown is correct. Welton’s trip to <strong>Polillo</strong> in July <strong>2009</strong> was not “scheduled” for<br />
scientific work. Ra<strong>the</strong>r, it was an impromptu 5-day vacation from field work with <strong>the</strong><br />
Philippine field assistants who lived on <strong>Polillo</strong>.<br />
b) That he had been informed by Luke Welton that <strong>the</strong> specimen taken had<br />
been found dead, having been killed by a dog, and that under <strong>the</strong>se<br />
circumstances its collection had been legal.<br />
Dr. Brown is correct. The reasons for <strong>the</strong> lizard’s death are unknown. Welton<br />
merely repeated <strong>the</strong> account he was given by <strong>the</strong> villager about <strong>the</strong> Varanus being<br />
attacked and/or chased from its natural forest habitat by a dog(s). Whe<strong>the</strong>r dead or<br />
partially alive when acquired, its acquisition is legal under <strong>the</strong> collecting permits<br />
referenced above.<br />
c) That Luke Welton did not need a specimen <strong>of</strong> Varanus olivaceus for his<br />
research. [2]<br />
Dr.Brown is correct. Welton did not need a specimen <strong>of</strong> Varanus olivaceus for his<br />
research as he already had access to numerous specimens <strong>of</strong> this species in <strong>the</strong><br />
collections <strong>of</strong> <strong>the</strong> University <strong>of</strong> Florida.<br />
D. Mr. Bennett - However my enquiries suggest that nei<strong>the</strong>r local NGOs nor<br />
DENR on <strong>Polillo</strong> were aware <strong>of</strong> Luke Welton’s visit, or that he had collected<br />
a specimen <strong>of</strong> Varanus olivaceus from <strong>the</strong> island.<br />
Non-government organizations (NGOs) have no legal authority over survey and<br />
inventory work in <strong>the</strong> Philippines. The DENR on <strong>Polillo</strong> Island is a local branch <strong>of</strong> <strong>the</strong><br />
Philippine DENR that is <strong>the</strong> federal authority that issued <strong>the</strong> permits to Dr. Brown’s<br />
project. Welton’s acquisition <strong>of</strong> <strong>the</strong> Varanus specimen (KU 322187) was reported to<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 3
<strong>the</strong> main DENR authorities and is listed on <strong>the</strong> CITES-2 collecting and export<br />
permits, and <strong>the</strong> USF&W import permit.<br />
E. Mr. Bennett - A paper published in Biology Letters contains a detailed<br />
description <strong>of</strong> <strong>the</strong> morphology <strong>of</strong> both KU 322187 and PNM 9719, and<br />
names <strong>the</strong> latter as a new species <strong>of</strong> Varanus lizard. The paper includes two<br />
pictures <strong>of</strong> <strong>the</strong> specimen KU 322187. The picture <strong>of</strong> <strong>the</strong> lateral view <strong>of</strong> <strong>the</strong><br />
head strongly suggests that <strong>the</strong> animal was alive at <strong>the</strong> time <strong>the</strong><br />
photograph was taken. The dorsal view shows no signs <strong>of</strong> injuries. The<br />
citation for <strong>the</strong> paper is: Luke J. Welton, Cameron D. Siler, Daniel Bennett,<br />
Arvin Diesmos, M. Roy Duya, Roldan Dugay, Edmund Leo B. Rico, Merlijn<br />
Van Weerd, and Rafe M. Brown. A spectacular new Philippine monitor lizard<br />
reveals a hidden biogeographic boundary and a novel flagship species for<br />
conservation Biol. Lett. published online before print April 7, <strong>2010</strong>,<br />
doi:10.1098/rsbl.<strong>2010</strong>.0119. [3]<br />
The relevancy <strong>of</strong> this point is not clear. Bennett is third author on <strong>the</strong> paper cited<br />
above in which <strong>the</strong> picture <strong>of</strong> <strong>the</strong> Varanus specimen KU322187 appears. As<br />
discussed above, <strong>the</strong> Varanus was unresponsive and barely alive when Welton was<br />
taken to see it north <strong>of</strong> <strong>the</strong> village. Its acquisition is legal under <strong>the</strong> permits issued to<br />
<strong>the</strong> project.<br />
F. Mr. Bennett - On 19 th March <strong>2010</strong> I became aware <strong>of</strong> <strong>the</strong> pictures <strong>of</strong> KU<br />
322187, and I asked Dr Rafe Brown for clarification <strong>of</strong> his earlier statement<br />
that <strong>the</strong> animal had been killed by dogs. His reply contradicted his earlier<br />
statement. [4]<br />
Dr. Brown apparently was merely clarifying an earlier communication with Welton. In<br />
any case, if <strong>the</strong> villager’s account is correct, <strong>the</strong> Varanus’ death was ultimately due to<br />
a dog(s).<br />
G. Mr. Bennett - On 21 st March <strong>2010</strong> I noticed that <strong>the</strong> Kansas Museum<br />
Catalogue entry from KU 322187 had been changed; <strong>the</strong> locality name had<br />
been altered, and <strong>the</strong> collectors’ names and county <strong>of</strong> collection had been<br />
removed. This change was made between <strong>the</strong> 18 th and 21 st <strong>of</strong> March <strong>2010</strong>.<br />
[5]<br />
The locality information entered originally in <strong>the</strong> database was apparently altered at<br />
Bennett’s own insistence as third author on <strong>the</strong> paper for accuracy. In Mr. Bennett’s<br />
response to my initial findings he denies that he called for <strong>the</strong>se changes. The intent<br />
is for <strong>the</strong> original locality data entry (“local coastal agricultural area, north <strong>of</strong> <strong>Polillo</strong><br />
Town proper”), which is <strong>the</strong> salvage locale, not to be confused with <strong>the</strong> actual point<br />
<strong>of</strong> origin <strong>of</strong> <strong>the</strong> individual, which is unknown, as it had been chased by dog(s) from<br />
that point <strong>of</strong> origin into <strong>the</strong> village area. Similarly, <strong>the</strong> collector field is blanked<br />
because Welton did not “collect” <strong>the</strong> animal in its wild habitat, but salvaged it from<br />
<strong>the</strong> village. The complete Specify data record for KU322187, which is not accessible<br />
on <strong>the</strong> Web, lists <strong>the</strong> specimen as salvaged.<br />
H. Mr. Bennett - If KU 322187 was not collected in accordance with <strong>the</strong> laws <strong>of</strong><br />
<strong>the</strong> Philippines and <strong>the</strong> collection permits issued to Rafe Brown by PAWB,<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 4
<strong>the</strong>n <strong>the</strong> CITES permits under which it was exported from <strong>the</strong> Philippines<br />
and imported into <strong>the</strong> USA were obtained by deception.<br />
As detailed above and documented by Republic <strong>of</strong> Philippines and USF&W permits<br />
in hand, <strong>the</strong> Varanus was acquired in accordance with <strong>the</strong>se permits.<br />
I. Mr. Bennett - I allege that Luke Welton required an adult male Varanus<br />
olivaceus with everted hemipenes in order to describe PNM 9719 as a new<br />
species, and that he made <strong>the</strong> decision to collect a specimen for<br />
comparison as quickly as possible and by any means necessary. I allege<br />
that KU 322187 was collected in or around Sibulan Watershed Reserve on<br />
<strong>Polillo</strong> Island on Welton’s instructions, that he went to that area knowing<br />
that local field workers were engaged in an non-intrusive study <strong>of</strong> <strong>the</strong><br />
species and would consequently know where to find an adult male very<br />
quickly, and that he killed <strong>the</strong> animal for <strong>the</strong> express purpose <strong>of</strong> having a<br />
comparative specimen that would allow him to describe PNM 9719 as a new<br />
species. In order to comply with <strong>the</strong> permits issued to his supervisor, he<br />
fabricated <strong>the</strong> story that KU 322187 had been killed by dogs, and in order to<br />
deflect criticism that he had collected an animal which was part <strong>of</strong> a longterm<br />
ecological study, he fabricated <strong>the</strong> collection locality. Subsequently<br />
his supervisor Rafe Brown assisted in <strong>the</strong>se fabrications by altering<br />
museum records and making false statements designed to discourage<br />
fur<strong>the</strong>r investigations about <strong>the</strong> origin <strong>of</strong> <strong>the</strong> specimen and <strong>the</strong><br />
circumstances under which it was killed.<br />
This story is not supported by any facts known to this reviewer and is pure<br />
speculation on Mr. Bennett’s part. In a prior conversation Dr. Brown had<br />
communicated with Mr. Bennett that <strong>the</strong> specimen in question had none <strong>of</strong> <strong>the</strong><br />
unique markings Mr. Bennett used to identify Varanus individuals that were a part <strong>of</strong><br />
Mr. Bennett’s long-term studies in <strong>the</strong> Sibulan Watershed Reserve region. Dr.<br />
Brown has provided four photos <strong>of</strong> <strong>the</strong> specimen in question and <strong>the</strong>se photos prove<br />
that <strong>the</strong> animal did not come from Mr.Bennett's field site where all subjects bear<br />
distinct tail-crest clippings for identification. Thus, Bennett not only has no legal<br />
authority or jurisdiction over this specimen, but he also has no factual basis to his<br />
purportedly moral/ethical complaint.<br />
J. Mr. Bennett - I fur<strong>the</strong>r allege that forensic examination <strong>of</strong> KU 322187 will<br />
confirm that <strong>the</strong> animal shows no signs <strong>of</strong> injuries associated with a fatal<br />
dog attack, and that examination <strong>of</strong> stomach contents and/or DNA analysis<br />
will indicate that <strong>the</strong> animal comes from habitat in or around Sibulan<br />
Watershed Reserve.<br />
Whe<strong>the</strong>r or not <strong>the</strong> Varanus died <strong>of</strong> a “fatal dog attack” is immaterial with regard to<br />
<strong>the</strong> legality <strong>of</strong> its acquisition in <strong>the</strong> <strong>Polillo</strong> village area or its original provenance in <strong>the</strong><br />
wild, which is unknown. That said, <strong>the</strong> villager’s account that was related to me by<br />
KU scientists implies <strong>the</strong> lizard did die, eventually, from being attacked and /or<br />
chased by dog(s). The absence <strong>of</strong> teeth marks or external wounds does not rule out<br />
that <strong>the</strong> animal’s death might not have been from exhaustion and/or internal injuries<br />
as a result <strong>of</strong> having been chased and harassed by dogs. I can only assume that KU<br />
researchers acted in good faith and dispatched an animal that was not healthy and<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 5
potentially suffering from some fatal condition. If Mr. Bennett wishes to fur<strong>the</strong>r<br />
pursue <strong>the</strong> cause <strong>of</strong> death <strong>of</strong> this specimen he may wish to contact PNM since this<br />
specimen is now in <strong>the</strong>ir collections.<br />
For following points <strong>the</strong> above explanations will suffice.<br />
Mr. Bennett’s Supporting Material<br />
[1] – Catalogue entry for PMN9719 at Kansas University Natural History Museum:<br />
http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=320000.0&column=0&styl<br />
eDir=style and [5] below.<br />
[2] Exerts from emails: Rafe Brown to Daniel Bennett, Nov/Dec<strong>2009</strong> full transcript <strong>of</strong><br />
all emails given as [Appendix 1]<br />
from Rafe Brown <br />
to Daniel Bennett/Mampam Conservation <br />
cc ambanjfurcifer@yahoo.com,<br />
XXXXX@ku.edu<br />
date 30 November <strong>2009</strong> 18:22<br />
subject varanus collab<br />
mailed-by ku.edu<br />
For <strong>the</strong> record and in writing here: we did not have definitive knowledge <strong>of</strong> <strong>the</strong> Sierra<br />
Madre thing, genetic data, or any plans to work on this until we caught a large adult<br />
male this July and only <strong>the</strong>n did Luke (acting on his own volition after I had left <strong>the</strong><br />
country) shift into high gear and track down all <strong>the</strong> necessary information and genetic<br />
material (from peninsular olivaceus, etc) that are needed to describe <strong>the</strong> animal.<br />
from Rafe Brown <br />
to mampam@mampam.com<br />
cc XXXXX@gmail.com<br />
date 8 December <strong>2009</strong> 12:29<br />
subject Roldan's specimen?<br />
I can't remember <strong>the</strong> name <strong>of</strong> <strong>the</strong> locality (I'll ask Luke) but I know it was an animal<br />
killed by dogs on <strong>the</strong> opposite side <strong>of</strong> <strong>the</strong> island from your study area, outside <strong>of</strong> any<br />
protected area. My understanding is that it was salvaged by Luke because it was<br />
already dead<br />
from Rafe Brown <br />
to mampam@mampam.com<br />
date 8 December <strong>2009</strong> 23:11<br />
Keep in mind <strong>the</strong> facts: Luke wanted to look at molecular divergence and he already<br />
had a samples from an animal that my students salvaged from a hunter on<br />
Caramoan in 2006. Luke knew this and he was not desperate to get an olivaceus<br />
sample. Even if he had been desperate and keen to obtain a sample (as you seem<br />
to suspect), his approach is to collect non-destructuve genetic samples (<strong>the</strong>se are<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 6
<strong>the</strong> bulk <strong>of</strong> <strong>the</strong> genetic samples that are going into his graduate work) and skin snips<br />
<strong>of</strong> animals he releases. He does not have any need to have done what you suggest.<br />
[3] – Part <strong>of</strong> Figure 2 from <strong>the</strong> manuscript.<br />
[4] Extract from email: Rafe Brown to Daniel Bennett<br />
from Rafe Brown <br />
to mampam@mampam.com<br />
cc XXXX@gmail.com,<br />
XXXXXX@yahoo.com,<br />
ambanjfurcifer@yahoo.com<br />
date 18 March <strong>2010</strong> 02:41<br />
subject Varanus olivaceus on <strong>Polillo</strong><br />
With regard to <strong>the</strong> <strong>Polillo</strong> specimen in question: I am sorry but many <strong>of</strong> <strong>the</strong> details<br />
are simply not available. We are not sure exactly where <strong>the</strong> animal was from nor<br />
how long it had been in <strong>the</strong> possession <strong>of</strong> <strong>the</strong> residents. We were told that dogs had<br />
ei<strong>the</strong>r caught it or chased it into a coastal agricultural area to <strong>the</strong> north, ei<strong>the</strong>r on <strong>the</strong><br />
east side <strong>of</strong> <strong>the</strong> island or NE <strong>of</strong> <strong>Polillo</strong> (Burdeos?). I agree with you that <strong>the</strong><br />
specimen does not show evidence <strong>of</strong> bite marks<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 7
[5] Catalogue entry for KU322187 at Kansas University Natural History Museum downloaded 16 th March <strong>2010</strong> from<br />
http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=322187.0&column=0&styleDir=style<br />
Catalogue entry for KU322187 at Kansas University Natural History Museum downloaded 21 st March <strong>2010</strong> from<br />
http://collections.nhm.ku.edu/HerpsWeb/detail.jsp?record=322187.0&column=0&styleDir=style<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 8
PNM 9726.png<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 9
Tail 1.jpg<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 10
Tail 2.jpg<br />
Inquiry <strong>Report</strong> June 25, <strong>2010</strong> – Page 11
Appendix I: Complainant comments regarding Inquiry <strong>Report</strong><br />
Dear Don Huggins<br />
Thank you for your email and <strong>the</strong> copy <strong>of</strong> your inquiry. I have six comments which I<br />
would like you to attach to <strong>the</strong> report.<br />
A. Your report states that " on July 6, <strong>2009</strong>, he [Luke Welton] and o<strong>the</strong>r members<br />
<strong>of</strong> <strong>the</strong> Philippine field party, who were taking a 5-day vacation on <strong>Polillo</strong><br />
Island, <strong>Polillo</strong> Town (home <strong>of</strong> <strong>the</strong> Philippine field assistants), were having a<br />
cookout on <strong>the</strong> beach".<br />
However, Luke Welton signed <strong>the</strong> guestbook (attached) at <strong>the</strong> house <strong>of</strong> Augusto Zafe in Pinaglubayan,<br />
<strong>Polillo</strong>, dated June 5/6 stating that <strong>the</strong> purpose <strong>of</strong> his visit was “research butaan [<strong>the</strong> local name for<br />
Varanus olivaceus] and "layagan" [<strong>the</strong> local name for Hydrosaurus]. This house has been <strong>the</strong> base <strong>of</strong><br />
<strong>the</strong> <strong>Polillo</strong> butaan project since <strong>1999</strong>, is on <strong>the</strong> edge <strong>of</strong> Sibulan watershed reserve and at least four<br />
hours walk from <strong>the</strong> coast. Thus it is clear that his visit to <strong>Polillo</strong> was not simply a vacation and<br />
indicates that your comment :<br />
Welton’s trip to <strong>Polillo</strong> in July <strong>2009</strong> was not “scheduled” for scientific work.<br />
Ra<strong>the</strong>r, it was an impromptu 5-day vacation from field work with <strong>the</strong> Philippine<br />
field assistants who lived on <strong>Polillo</strong>.<br />
is not entirely correct. He clearly went to <strong>Polillo</strong> looking for Varanus olivaceus. This<br />
evidence was not available at <strong>the</strong> time I made my complaint<br />
b<br />
The reasons for <strong>the</strong> lizard’s death are unknown. Welton merely repeated <strong>the</strong><br />
account he was given by <strong>the</strong> villager about <strong>the</strong> Varanus being attacked and/or<br />
chased from its natural forest habitat by a dog(s). Whe<strong>the</strong>r dead or partially<br />
alive when acquired, its acquisition is legal under <strong>the</strong> collecting permits<br />
referenced above.<br />
As your report states, <strong>the</strong> cause <strong>of</strong> <strong>the</strong> lizard's death is that Luke Welton euthanized it.<br />
As all field workers with experience <strong>of</strong> <strong>the</strong>se animals are aware, <strong>the</strong>y <strong>of</strong>ten feign<br />
death when handled, and so an unresponsive animal is not necessarily "partially<br />
alive".<br />
c<br />
Welton did not need a specimen <strong>of</strong> Varanus olivaceus for his research as he<br />
already had access to numerous specimens <strong>of</strong> this species in <strong>the</strong> collections<br />
<strong>of</strong> <strong>the</strong> University <strong>of</strong> Florida.<br />
As far as I am aware <strong>the</strong>re are no intact specimens <strong>of</strong> this species with locality data in<br />
<strong>the</strong> University <strong>of</strong> Florida collection (specimens with such data are represented only by<br />
severed heads) , and certainly no adult males with everted hemipenes that would have<br />
been suitable for comparison with Varanus bitatawa. Nor is DNA material available<br />
from any specimen in that collection.<br />
d<br />
The relevance <strong>of</strong> my statement that begins "A paper published in Biology Letters<br />
Appendix I: Complainant Response to Inquiry <strong>Report</strong> – Page 1
contains" is that <strong>the</strong> picture in <strong>the</strong> paper show that KU322187 was an animal in<br />
excellent condition, with no apparent injuries and with no evidence <strong>of</strong> dehydration.<br />
Anybody experienced with this species is aware that 1) dogs cannot lick <strong>the</strong>m to death<br />
and 2) that <strong>the</strong> animals show signs <strong>of</strong> dehydration after less than 24 hours in captivity.<br />
e<br />
The locality information entered originally in <strong>the</strong> database was apparently<br />
altered at Bennett’s own insistence (as third author on <strong>the</strong> paper) for<br />
accuracy.<br />
I absolutely deny that I suggested that <strong>the</strong> database be altered.<br />
f.<br />
The absence <strong>of</strong> teeth marks or external wounds does not rule out that <strong>the</strong><br />
animal’s death might not have been from exhaustion and/or internal injuries<br />
as a result <strong>of</strong> having been chased and harassed by dogs.<br />
In 11 years experience <strong>of</strong> this species, and over 20 years experience with this genus, I<br />
have never heard <strong>of</strong> a monitor lizard dying from exhaustion, nor seen one that has<br />
been mortally wounded by dogs internally but bears no external marks <strong>of</strong> dogs attack.<br />
This is an extraordinary statement that will be greeted with incredulity by anybody<br />
with experience <strong>of</strong> <strong>the</strong> animals, and which confirms my belief that only an<br />
independent necropsy <strong>of</strong> this animal will establish whe<strong>the</strong>r it had incurred any serious<br />
injuries prior to being euthanized.<br />
Yours<br />
(Dr) Daniel Bennett<br />
Appendix I: Complainant Response to Inquiry <strong>Report</strong> – Page 2
Extract from <strong>the</strong> guestbook at <strong>the</strong> house <strong>of</strong> Augusto Zafe, Pinaglubayan, <strong>Polillo</strong><br />
Appendix I: Complainant Response to Inquiry <strong>Report</strong> – Page 3
Appendix II: Respondent comments regarding Inquiry <strong>Report</strong><br />
From: Brown, Rafe<br />
Sent: Sunday, June 20, <strong>2010</strong> 12:17 PM<br />
To: Huggins, Donald G<br />
Cc: Krishtalka, Leonard; Yochim, Jordan<br />
Subject: photos <strong>of</strong> Varanus<br />
Dear Don,<br />
Here are <strong>the</strong> photos we took yesterday. Note also that Bennett incorrectly characterizes <strong>the</strong><br />
specimen as <strong>the</strong> property <strong>of</strong> KU.<br />
In fact, it is not. When salvaged, <strong>the</strong> specimen was donated to <strong>the</strong> National Museum <strong>of</strong> <strong>the</strong><br />
Philippines and was cataloged <strong>the</strong>re under <strong>the</strong> catalog number PNM 9726. Four month later,<br />
after being registered at PNM, it was brought to <strong>the</strong> United States on a short term research loan<br />
under permits issued by <strong>the</strong> National Museum, DENR, US Fish and Wildlife, and CITES.<br />
This series <strong>of</strong> events has been documented by US and Philippine government permits and stands<br />
in stark contrast to <strong>the</strong> picture Bennett wants to paint, i.e., that <strong>the</strong> animal was poached from his<br />
study area, spirited away in some clandestine cover-up operation, immediately exported by us,<br />
and became <strong>the</strong> property <strong>of</strong> KU. One <strong>of</strong> <strong>the</strong> reasons I suspect Bennett is so convinced <strong>of</strong> a<br />
conspiracy is that he has never actually held valid research permits in <strong>the</strong> Philippines and does<br />
not understand <strong>the</strong> permit system, much less <strong>the</strong> terms <strong>of</strong> my permits (which allow us to collect<br />
CITES Appendix II species, whe<strong>the</strong>r he likes it or not, and salvage any dead or dying animal in<br />
<strong>the</strong> Philippines, regardless <strong>of</strong> its conservation status).<br />
In fact, <strong>the</strong> monitor lizard in question is registered under KU catalog number 322188 only for <strong>the</strong><br />
purpose <strong>of</strong> making associated data accessible to <strong>the</strong> research community (unfortunately, even to<br />
people like Bennett) through <strong>the</strong> distributed data base HerpNet via KU's Specify portal. All<br />
specimens we collect or salvage are assigned one <strong>of</strong> <strong>the</strong>se KU numbers so that <strong>the</strong>y can all be<br />
made available to <strong>the</strong> public via <strong>the</strong> internet. In accordance with our permits, 50% <strong>of</strong> all<br />
specimens collected or salvaged by us are <strong>the</strong>n returned to <strong>the</strong> Philippines. However, <strong>the</strong><br />
specimen in question was originally cataloged at PNM and was never meant to be permanently<br />
exported to <strong>the</strong> US.<br />
In any case, <strong>the</strong>se photos definitely prove that <strong>the</strong> animal did not come from Bennett's field site<br />
where all subjects bear distinct tail-crest clippings for identification. PNM 9726 does not bear<br />
one <strong>of</strong> his distinctive tail clipping markings (note its uninterrupted tail crest). Thus, Bennett not<br />
only has no legal authority or jurisdiction over this specimen, but he also has no factual basis to<br />
his purportedly moral/ethical complaint. The bottom line is that <strong>the</strong> terms <strong>of</strong> my permits are not<br />
subject to his interpretation but are, instead, decided upon by negotiations between <strong>the</strong><br />
government <strong>of</strong> <strong>the</strong> Philippines and me.<br />
Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 1
Thanks again for your attention to <strong>the</strong>se details; I'll have email every couple <strong>of</strong> days during my<br />
upcoming trip, so if you need any additional information from me, don't hesitate to write.<br />
Thanks,<br />
Rafe<br />
--<br />
________________________________________________________<br />
Dr. Rafe M. Brown<br />
Curator in Charge, Herpetology, KU Biodiversity Institute<br />
Assistant Pr<strong>of</strong>essor, Department <strong>of</strong> Ecology and Evolutionary Biology<br />
University <strong>of</strong> Kansas<br />
Dyche Hall, 1345 Jayhawk Blvd<br />
Lawrence, KS 66045-7593<br />
<strong>of</strong>fice: (785) 864-3403<br />
FAX (785) 864-5335<br />
Lab Webpage: http://www.nhm.ku.edu/rbrown/<br />
KU Herpetology: http://www.nhm.ku.edu/herpetology<br />
HerpWatch Philippines: http://www.herpwatch.org/<br />
Email: rafe@ku.edu<br />
________________________________________________________<br />
Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 2
PNM 9726.png<br />
Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 3
Tail 1.jpg<br />
Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 4
Tail 2.jpg<br />
Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 5
Tail 3.jpg<br />
Appendix II: Respondent comments regarding Inquiry <strong>Report</strong> – Page 6